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Home My WebLink AboutT-6163 - Agreement/Covenant - Right to Farm - 7/12/2017 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: --- --- --- - IIII III I IIII II II IIII I III I VIII I IIII I IIII I II III III City Clerk FRESNO County Recorder City of Fresno Paul Dietos, C,P,A, 2600 Fresno Street DOC— 2017-00$6004 Fresno, CA 93721-3603 Acct 8003-North American Title Concord Wednesday, JUL 12, 2017 08:00:00 Tt 1 Pd $0.00 Rcpt # 0004802887 RGR/R4/1-8 NO FEE-Government Code 6103 CITY OF FRESNO Development& Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 6163, PHASE 2 OF VESTING TENTATIVE MAP NO. 5571 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6163 Page 2 RECITALS WHEREAS, LENNAR HOMES OF CALIFORNIA, INC., a California Corporation and PATRICK VINCENT RICCHIUTI,TRUSTEE,THE PATRICK VINCENT RICCHIUTI FAMILY TRUST (A REVOCABLE LIVING TRUST) UNDER DECLARATION OF LIVING TRUST DATED MAY 17, 1985, hereinafter referred to as the"Covenantor,"is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Lots 1 through 84, inclusive and Outlot A of the Final Map of Tract No.6163 according to the map thereof recorded on T(Alw Q -o0/7 in Volume&of Plats at Page(s) R? -Mru QIf , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Covenantor has filed and the City of Fresno has approved, Vesting Tentative Map No. 5571 for a 273-lot single family residential subdivision, hereinafter referred to as the "Tentative Map;"and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 6163, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used,or maintained in such a way as to adversely affect adjoining properties. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6163 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of said Final Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value,and desirability of the Subject Property,the surrounding property,and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants,conditions,and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby acknowledges that the declared policy of Fresno County is to preserve, protect, and encourage development of its agricultural land and industries for the production of food and other agricultural products and that the subject property is near agricultural districts which are located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. Consistent with this policy, California Civil Code §3482.5 (right-to-farm law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There .are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject.Property. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6163 Page 4 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 4. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant,"attorneys'fees"and"legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing parry's attorneys in.the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 5. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 6. The provisions of this Statement of Covenants shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6163 Page 5 DATED: .J UM. CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR HOMES OF CALIFORNIA, INC., Development& Resource Management A California Corporation Department Jennifer K. Clark, Director i B By: Je?' r . Clark, Director AWikefiller, Vice President THE PATRICK VINCENT RICCHIUTI FAMILY TRUST (A REVOCABLE LIVING TRUST) APPROVED AS TO FORM: UNDER DECLARATION OF LIVING TRUST DATED MAY 17, 1985, DOUGLAS T. SLOAN City Attorney B By: atrick Vincent Ricchiuti, Trustee Mary aterman-Doidge Dty City Attorney Wu y Date: l t/ zr7— (Attach Notary Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno ) On April 7, 2017 before me, Christine Collins, Notary Public (insert name and title of the officer) personally appeared Mike Miller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRISTINE COLLINS Commission #2131344 Z;-v Notary Public-California D Z Fresno County Signature (Seal) My Comm. Expires Nov 7,2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Fresno ) On March 27, 2017, before me, Patricia Spencer, a Notary Public, personally appeared PATRICK VINCENT RICCHIUTI, who proved to ine on the basis of satisfactory evidence to be the person() whose name(j) is/ar-e-subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his/her/their authorized capacity(ies-)-and that by his/hof4heir signature( ) on the instrument the personS,a'f, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PATRICIA SPENCER Commission#2125839 Notary Public-California D = Fresno County Signature: M Comm.Ex ires Oct 1,2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 26, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Jennifer K. Clark, Directors Development and Resource Management Department(DARM) of the City of Fresno, who proved to me on the basis.of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno of F � ski By (2kj)j1MQ1 Deputy